US Gov Chapter 15
Terms in this set (45)
Engel V. Vitale (1962)
School sanctioned prayer in school-violates Establishment Clause (Warren), first amendment establishment clause.
Lemon V. Kurzman (1971)
State aid to religious institutions A(schools/prison program) can only be allowed when: purpose of aid is secular, effect neither advances/inhibits religion, and government is not excessively entangled with religion "Lemon Test", first amendment establishment clause.
"Lemon Test" for governmental involvement in religion.
Schenck v, U.S. (1919),
Clear and Present Danger, actions which cause a panic or bring about "substantive evils which Congress has a right to prevent."
Gitlow V. new York (1925)
Freedom of speech and press are fundamental rights protected by the 14th amendment due process clause - no state can interfere with such a fundamental right.
Tinker v, Des Mouines (1969)
Symbolic speech - -wearing of black armbands, unless it can be shown to cause substantial disruption - protected speech (warren)
Texas v. Johnson (1989)
symbolic speech, flag burning - protected
Roth v. U.S. (1957)
Obscenity defined based on "prevailing community standards and whether the dominant theme of the material is to incite lust not protected (Warren)
Miller v. California (1973)
Obscenity - protected-reiterates Roth test of community standards and designed to incite lust and adds portrays sexual conduct in a "patently offensive way" and the works lacks serious scientific, literary, political, or artistic value. Creates "miller test"
DC v. Heller (2008)
(1st amendment) The court rules for the first time that the 2nd amendment "protects an individual right...unconnected with service in a militia." Governments can regulate, but not ban, guns.
Mapp v. Ohio (1961)
(4th amendment) Exclusionary rule applies to states, as some state constitutions had allowed evidence seized in illegal searches to be used in court (incorporation) (Warren)
Miranda v. Arizona (1966)
(5th amendment) Requires that a suspect be advised of his constitutional right to remain silent and/or have counsel provided before answering question. (Warren)
Kelo v. City of New London (2005)
(5th amendment) Power of eminent domain may be used by government to acquire land for private purpose, as long as due process is followed and just compensation provided.
Gideon v. Wainright (1963)
(6th amendment) Indigent defendants must be provided with a lawyer
Griswold v. connecticutt (1965)
Various guarantees in the constitution create zones of privacy so laws banning the use of birth control = unconstitutional (Warren
Roe V. Wade (1973)
A fundamental right to privacy exists allowing a woman to terminate a pregnancy at least in the first trimester.
Korematsu v. U.S. (1944)
Ordered the internment of Japanese-Americans during WWII was uphld although it violated habeas corpus and due process protections of 5th amendment. (Fear of espionage!)
Buckley v. Valeo
1974 campaign finance case declared some federal limits on campaign contributions in FECA violated First Amendment (ex. maximum spending limit and limits on candidates' spending their own money).
Citizens United v. FEC
Turned BCRA around. Money is an expression, free speech. (2010) through 1st amendment
Katz v. United States
Electronic surveillance; the court held that they must have a warrant to tap your phone or video record you
Terry v. Ohio
Police can search and seize with probable cause
This law passed after 9/11 expanded the tools used to fight terrorism and improved communication between law enforcement and intelligence agencies
Hamdan v. Rumsfeld (2006)
Declares that enemy combatants have habeas corpus rights, and international rules of war (Geneva Convention) may be enforced in U.S. federal court
Gregg v. Georgia
upheld the death penalty was NOT cruel and unusual punishment
Freedoms guaranteed to individuals taking the form of restraint on government.
Powers or privileges guaranteed to individuals and protected from arbitrary removal at the hands of government or individuals.
The first clause in the First Amendment, which forbids government establishment of religion.
The second clause in the First Amendment, which prevents the government from interfering with the exercise of religion.
A standard used by the Supreme Court in deciding whether a law or policy is to be adjudged constitutional. To pass strict scrutiny, the law or policy must be justified by a "compelling governmental interest," must be narrowly tailored, and must be the least restrictive means for achieving that interest.
The press and speech clauses of the First Amendment.
Censorship before publication.
clear and present danger test
A means by which the Supreme Court has distinguished between speech as the advocacy of ideas, which is protected by the First Amendment, and speech as incitement, which is not protected.
Speech that is not protected by the First Amendment because it inflicts injury or tends to incite an immediate disturbance of the peace.
People who assume roles of prominence in society or thrust themselves to the forefront of public controversy
bill of attainder
A law that pronounces an individual guilty of a crime without a trial.
ex post facto law
A law that declares an action to be criminal after it has been performed
Statements concerning rights that police are required to make to a person before he or she is subjected to in-custody questioning.
The judicial rule that states that evidence obtained in an illegal search and seizure cannot be used in trial.
good faith exception
An exception to the Supreme Court exclusionary rule, holding that evidence seized on the basis of a mistakenly issued search warrant can be intro-duced at trial if the mistake was made in good faith, that is, if all the parties involved had reason at the time to believe that the warrant was proper
Chaplinsky v. New Hampshire (1942)
"Fighting words" are not protected by the First Amendment
Schenk v. US (1919)
Declares speech will NOT be protected if it creates a "clear and present danger."
Nix v. Williams (1984)
Legal decision in which the Supreme Court created the "inevitable discovery" exception to the exclusionary rule.
Olmstead v. US (1928)
"trespass doctrine" excused warrantless wiretaps
Rostker v. Goldberg (1981)
Congress can draft men without drafting women
U.S. v. Eichman (1990)
preserved the right of individuals to burn the flag as a form of symbolic speech
Justice Stevens's reasoning in his dissent.?
Newdow v. U.S. (2003)
inserting the language "under God" in the Pledge of Allegiance violated the Establishment Clause of the First Amendment. While the Supreme Court later overturned this case, it did so only because it found that Newdow did not have the legal standing to bring suit in the first place, and in reversing the decision the Court did not discuss the merits of Newdow's First Amendment claim.
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